Occupational Exposure to Beryllium: Delay of Effective Date, 8901 [2017-02149]
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Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Rules and Regulations
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Washington, DC 20005. No other official
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Dated: January 27, 2017.
Mary Johnson,
General Counsel, National Mediation Board.
[FR Doc. 2017–02103 Filed 1–31–17; 8:45 am]
BILLING CODE 7550–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, and 1926
[Docket No. OSHA–H005C–2006–0870]
RIN 1218–AB76
Occupational Exposure to Beryllium:
Delay of Effective Date
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Final rule; delay of effective
date.
pmangrum on DSK3GDR082PROD with RULES
AGENCY:
In accordance with the
Presidential directive as expressed in
the memorandum of January 20, 2017,
from the Assistant to the President and
Chief of Staff, entitled ‘‘Regulatory
SUMMARY:
VerDate Sep<11>2014
15:00 Jan 31, 2017
Jkt 241001
Freeze Pending Review,’’ this action
temporarily delays until March 21, 2017
the effective date of the rule entitled
Occupational Exposure to Beryllium,
published in the Federal Register on
January 9, 2017 (82 FR 2470), to allow
OSHA officials the opportunity for
further review and consideration of new
regulations.
DATES: This regulation is effective on
February 1, 2017. The effective date of
the regulation entitled Occupational
Exposure to Beryllium published in the
Federal Register on January 9, 2017 (82
FR 2470) is delayed to a new effective
date of March 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Frank Meilinger, Director, Office of
Communications, Room N–3647, OSHA,
U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone (202) 693–1999;
email meilinger.francis2@dol.gov.
SUPPLEMENTARY INFORMATION: OSHA
bases this action on the Presidential
directive as expressed in the
memorandum of January 20, 2017, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Freeze
Pending Review.’’ (82 FR 8346 (January
24, 2017)). That memorandum directed
the heads of Executive Departments and
Agencies to temporarily postpone for 60
days from the date of the memorandum
the effective dates of all regulations that
had been published in the Federal
Register but had not yet taken effect.
The memorandum also noted certain
exceptions that do not apply here.
OSHA is therefore delaying the effective
date for the rule entitled ‘‘Occupational
Exposure to Beryllium’’ to March 21,
2017.
The Agency’s implementation of this
action without opportunity for public
comment is based on the good cause
exception in 5 U.S.C. 553(b)(B), in that
seeking public comment is
impracticable, unnecessary and contrary
to the public interest. The temporary
delay in effective date until March 21,
2017, will give Agency officials the
opportunity for review and
consideration of new regulations, as
required by the memorandum of the
Assistant to the President and Chief of
Staff, dated January 20, 2017. Given the
imminence of this effective date,
seeking prior public comment on this
temporary delay would have been
impractical, as well as contrary to the
public interest in the orderly
promulgation and implementation of
regulations. In addition, since the
Occupational Exposure to Beryllium
rule would not have taken effect until
March 10, 2017, as a practical matter the
new effective date for this regulation
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
8901
would extend by only 11 days the
original effective date. Thus, the good
cause exception in 5 U.S.C. 553(b)(B)
applies to OSHA’s decision to extend
the effective date of the beryllium rule
without first going through notice and
comment. This extension of the effective
date will not impact the compliance
dates of the Beryllium rule.
In taking this action, the Agency also
invokes the good cause exception in 5
U.S.C. 553(d)(3), which allows the
action to be immediately effective for
‘‘good cause’’ rather than subject to the
requirement in the Administrative
Procedure Act (5 U.S.C. 553(d)) that a
minimum of 30 days is required before
a rule may become effective. The nature
of this action, which is to extend by 11
days a final rule that otherwise becomes
effective on March 10, 2017, makes it
unnecessary and impractical to delay
the effectiveness of this action by 30
days.
Signed at Washington, DC, on January 26,
2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2017–02149 Filed 1–31–17; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1250
[FDMS No. NARA–17–0001; Agency No.
NARA–2017–019]
RIN 3095–AB93
NARA Records Subject to FOIA
National Archives and Records
Administration.
ACTION: Direct final rule.
AGENCY:
We are amending our
Freedom of Information Act (FOIA)
regulations on access to NARA’s
archival holdings and our operational
records to make them consistent with
the FOIA Improvement Act of 2016, and
a few small administrative changes to
remain current. The rule affects
individuals and organizations that file
FOIA requests for access to NARA
operational records and archival
holdings.
SUMMARY:
This rule is effective on March 3,
2017 without further notice, unless we
receive adverse written comment by
February 21, 2017. If we receive such
comments, we will withdraw the rule.
FOR FURTHER INFORMATION CONTACT:
Kimberly Keravuori, by telephone at
301–837–3151, by email at regulation_
DATES:
E:\FR\FM\01FER1.SGM
01FER1
]]>Agencies
[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Rules and Regulations]
[Page 8901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02149]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
[Docket No. OSHA-H005C-2006-0870]
RIN 1218-AB76
Occupational Exposure to Beryllium: Delay of Effective Date
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Presidential directive as expressed in
the memorandum of January 20, 2017, from the Assistant to the President
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this
action temporarily delays until March 21, 2017 the effective date of
the rule entitled Occupational Exposure to Beryllium, published in the
Federal Register on January 9, 2017 (82 FR 2470), to allow OSHA
officials the opportunity for further review and consideration of new
regulations.
DATES: This regulation is effective on February 1, 2017. The effective
date of the regulation entitled Occupational Exposure to Beryllium
published in the Federal Register on January 9, 2017 (82 FR 2470) is
delayed to a new effective date of March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Frank Meilinger, Director, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email meilinger.francis2@dol.gov.
SUPPLEMENTARY INFORMATION: OSHA bases this action on the Presidential
directive as expressed in the memorandum of January 20, 2017, from the
Assistant to the President and Chief of Staff, entitled ``Regulatory
Freeze Pending Review.'' (82 FR 8346 (January 24, 2017)). That
memorandum directed the heads of Executive Departments and Agencies to
temporarily postpone for 60 days from the date of the memorandum the
effective dates of all regulations that had been published in the
Federal Register but had not yet taken effect. The memorandum also
noted certain exceptions that do not apply here. OSHA is therefore
delaying the effective date for the rule entitled ``Occupational
Exposure to Beryllium'' to March 21, 2017.
The Agency's implementation of this action without opportunity for
public comment is based on the good cause exception in 5 U.S.C.
553(b)(B), in that seeking public comment is impracticable, unnecessary
and contrary to the public interest. The temporary delay in effective
date until March 21, 2017, will give Agency officials the opportunity
for review and consideration of new regulations, as required by the
memorandum of the Assistant to the President and Chief of Staff, dated
January 20, 2017. Given the imminence of this effective date, seeking
prior public comment on this temporary delay would have been
impractical, as well as contrary to the public interest in the orderly
promulgation and implementation of regulations. In addition, since the
Occupational Exposure to Beryllium rule would not have taken effect
until March 10, 2017, as a practical matter the new effective date for
this regulation would extend by only 11 days the original effective
date. Thus, the good cause exception in 5 U.S.C. 553(b)(B) applies to
OSHA's decision to extend the effective date of the beryllium rule
without first going through notice and comment. This extension of the
effective date will not impact the compliance dates of the Beryllium
rule.
In taking this action, the Agency also invokes the good cause
exception in 5 U.S.C. 553(d)(3), which allows the action to be
immediately effective for ``good cause'' rather than subject to the
requirement in the Administrative Procedure Act (5 U.S.C. 553(d)) that
a minimum of 30 days is required before a rule may become effective.
The nature of this action, which is to extend by 11 days a final rule
that otherwise becomes effective on March 10, 2017, makes it
unnecessary and impractical to delay the effectiveness of this action
by 30 days.
Signed at Washington, DC, on January 26, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-02149 Filed 1-31-17; 8:45 am]
BILLING CODE 4510-26-P
